"Justice Dept." OK with new review of health law." Mark Sherman of The Associated Press has a report that begins, "The Obama administration told the Supreme Court on Wednesday that it does not object to reopening a Christian college's challenge to President Barack Obama's healthcare overhaul."

"Filings up, opinions down at 5th Circuit": John Council has this post today at the "Tex Parte Blog" of Texas Lawyer.Posted at 04:01 PM by Howard Bashman"Justices hear arguments over police dog use": Jesse J. Holland of The Associated Press has this report.Posted at 03:11 PM by Howard Bashman"Thoughts on the Oral Arguments in the Dog Sniff Cases": Orin Kerr has this post at "The Volokh Conspiracy."

"Grading the Solicitor General: A different way of keeping score." Alan B. Morrison has this post at "SCOTUSblog."Posted at 12:18 PM by Howard Bashman"Republicans target three Florida Supreme Court justices": Robert Barnes of The Washington Post has this report.Posted at 10:02 AM by Howard Bashman"What Nov. 6 means for the Supreme Court: If Romney wins, we can expect a frighteningly conservative high court; A victory for Obama could mean a liberal majority for the first time since 1969." Law professor Erwin Chemerinsky had this op-ed yesterday in The Los Angeles Times.

"Supreme Court To Hear Texas Death Row Inmate's Case": The Texas Tribune has this report.Posted at 08:40 PM by Howard Bashman"Above Politics: The Supreme Court is keeping a low profile this election year by deftly choosing cases that avoid the hot-button issues." Emily Bazelon has this jurisprudence essay online at Slate.Posted at 06:45 PM by Howard Bashman"Justices Weigh Case on Imported Textbooks": Adam Liptak will have this article in Tuesday's edition of The New York Times.

"Question for Justices: Do Aldo and Franky's Noses Always Know?" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.Posted at 06:40 PM by Howard Bashman"Justices Weigh Copyright Issues in Textbook Case": Mark Walsh has this post at the "School Law" blog of Education Week.

"In Argentine bond ruling, 2nd Circuit upholds power of U.S. courts": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.Posted at 03:45 PM by Howard Bashman"Justice Sotomayor Urges Law Students to Become 'Involved' Citizens": Don Tartaglione has this post today at "The BLT: The Blog of Legal Times."Posted at 03:44 PM by Howard Bashman"Supreme Court turns away case on Oklahoma 'personhood' amendment; Did the Oklahoma Supreme Court act correctly when it struck down a proposed personhood amendment? The US Supreme Court declined to enter the fray Monday." Warren Richey of The Christian Science Monitor has this report.Posted at 03:14 PM by Howard Bashman"Racial Bias in Lending, Housing Draws High Court Inquiry": Greg Stohr of Bloomberg News has this report.Posted at 03:05 PM by Howard Bashman"SCOTUS reveal little on leanings in surveillance case": Josh Gerstein of Politico.com has this report.Posted at 03:04 PM by Howard Bashman"High court hears closely watched copyright case": Mark Sherman of The Associated Press has this report.

"Supreme Court may decide soon whether to weigh in on gay marriage, including California's Prop. 8": Howard Mintz of The San Jose Mercury News has this update.Posted at 02:45 PM by Howard Bashman"Court skeptical about tossing surveillance suit": The Associated Press has this report.

"Groups battle over how to pick judges in Missouri": The St. Louis Post-Dispatch has this report.Posted at 11:54 PM by Howard Bashman"3 seats up for grabs on state's highest civil court": Today's edition of The Houston Chronicle contains an article that begins, "The state Supreme Court has shaped the public schools that Texans' children attend, the beaches they stroll and their rights as workers, but the justices' importance is belied by the scant attention they receive at election time."Posted at 11:53 PM by Howard Bashman"The 'Ten Commandments Judge' Wants His Seat Back":This audio segment appeared on today's broadcast of NPR's "Weekend Edition Saturday."Posted at 10:48 PM by Howard Bashman"Local author tells stories of women on Supreme Court; New book by Nichola Gutgold reveals how female Supreme Court justices have moved from 'Obstacles to Options'": Today's edition of The Morning Call of Allentown, Pennsylvania contains this article reporting on Nichola Gutgold's new book, "The Rhetoric of Supreme Court Women: From Obstacles to Options."Posted at 09:15 PM by Howard Bashman"Arizona Supreme Court Justice Pelander fights effort to oust him; Pelander's rare campaign a response to 'tea party' anger over court ruling": Michael Kiefer has this article today in The Arizona Republic.Posted at 08:44 PM by Howard Bashman"How the Supreme Court Stacked the Deck Against Economic Liberty: A federal price-fixing case highlights the judiciary's troubling deference to government regulation." Damon W. Root has this essay online today at Reason.Posted at 08:40 PM by Howard Bashman"Why Amnesty Should Lose at the Supreme Court: It's not the job of judges to stop warrantless wiretapping." Law professor Eric Posner has this essay online at Slate.Posted at 04:52 PM by Howard Bashman

Friday, October 26, 2012

"The $63 billion copyright question": At Alison Frankel's "On the Case" from Thomson Reuters News & Insight, Erin Geiger Smith has a report that begins, "The U.S. Supreme Court will hear arguments on Monday in one of the most important copyright cases in a decade, over whether works manufactured outside the United States can be resold here without the permission of the copyright owner."Posted at 06:17 PM by Howard Bashman"Will Bush v. Gore Save Barack Obama? If Obama narrowly wins Ohio, he can thank Justice Scalia and the court's conservatives." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online at Slate.Posted at 06:07 PM by Howard Bashman"U.S. picks a DOMA case": Lyle Denniston has this post today at "SCOTUSblog."Posted at 05:16 PM by Howard Bashman"Support for end to California death penalty surges; Nearly half of registered voters still back capital punishment, but the margin has shrunk to 3 percentage points; Voters also favor easing the three-strikes law": Maura Dolan and Jack Leonard have this front page article today in The Los Angeles Times.Posted at 02:25 PM by Howard Bashman"Appeals court in Chicago reinstates white supremacist's conviction for threatening juror": The Associated Press has a report that begins, "An appellate court ruled Friday that a white supremacist solicited violence against a juror in another trial by revealing his personal details online, rejecting a lower court's finding that the neo-Nazi's posts were protected by the First Amendment."

"John Paul Stevens's Quest for Four Little Words": Jess Bravin has this post today at WSJ.com's "Law Blog."Posted at 10:02 AM by Howard Bashman"How Supap Kirtsaeng's Textbooks Idea Led to Supreme Court": Greg Stohr of Bloomberg News has this report.Posted at 09:58 AM by Howard Bashman"Kentucky Supreme Court upholds convictions of Amish men who refused to put orange triangles on buggies; No extra religious protection seen in state constitution":This article appears today in The Louisville Courier-Journal.

"Ky. court trims rights of grandparents to visit grandchildren": The Louisville Courier-Journal has a news update that begins, "The Kentucky Supreme Court has made it harder for grandparents to win visitation with their grandchildren when the child's parents object. In a 6-1 ruling, the state's high court ruled Thursday that parents who oppose giving a grandparent visitation must be presumed to be acting in the child's best interests. The court did not strike down Kentucky's 1984 grandparent visitation law but said a grandparent must present 'clear and convincing' evidence to win the right to visit a grandchild over a parent's objection."

And The Associated Press has a report that begins, "Passing through Laramie after an unsuccessful antelope hunt, U.S. Supreme Court Justice Antonin Scalia stopped at the University of Wyoming on Thursday to make an impassioned and humorous case for sticking to the original meaning of the U.S. Constitution."Posted at 11:23 PM by Howard Bashman

"Supreme Court Weighing 'First Sale' Copyright Doctrine": David Kravets has this post at Wired.coms "Threat Level" blog.Posted at 11:05 PM by Howard Bashman"Retired Supreme Court Justice sits on NY court": The Associated Press has a report that begins, "The first woman to sit on the U.S. Supreme Court has taken a chair for a day on a panel of the federal appeals court in New York."Posted at 11:03 PM by Howard Bashman"Suggested Mottos for Other Law Blogs": Kyle Graham has this post at his blog, "noncuratlex.com."Posted at 10:44 PM by Howard Bashman"Obama v. the Supreme Court: An interview with Jeffrey Toobin." June Thomas has this podcast online at Slate.Posted at 05:14 PM by Howard Bashman"Drug-sniffing cases send Supreme Court to the dogs": Michael Doyle of McClatchy Newspapers has this report.

"How do you feel about Justice Roberts' ruling on the Affordable Care Act? Were you surprised?" That's one of the questions from historian Douglas Brinkley that President Obama answers in an interview Rolling Stone magazine posted online today.Posted at 04:40 PM by Howard Bashman"Rajaratnam Appeal Judges Voice Concern Over U.S. Wiretaps": Bloomberg News has this report.

"Court upholds ban on handgun sales to people under 21": Jonathan Stempel of Reuters has a report that begins, "The United States may ban federally licensed firearms dealers from selling handguns to people under age 21, an appeals court ruled on Thursday, in a defeat for the National Rifle Association."

"Court: A woman with no genetic connection to baby is not the mother unless she adopts." MaryAnn Spoto of The Newark (N.J.) Star-Ledger has an article that begins, "A woman who arranges for a surrogate to give birth by using someone else's eggs cannot be considered the mother unless she adopts the child, a sharply divided state Supreme Court ruled today."

"The Court Crasher: Tom Goldstein changed how lawyers get to the Supreme Court--and how news gets out of it." Stephanie Mencimer has this article in the November 2012 issue of The Atlantic magazine.Posted at 10:25 AM by Howard Bashman

"Judge's death brings new twist in high-stakes climate case": Lawrence Hurley of Greenwire has an article that begins, "The outcome of a prominent climate case has become even more shrouded in mystery after one of the three judges considering the matter died this week."Posted at 02:50 PM by Howard Bashman"Justice Kennedy to Deliver Joseph Story Distinguished Lecture": Robert Alt recently had this post at "The Foundry" blog of The Heritage Foundation.

The lecture is scheduled to take place today, beginning at 5:30 p.m. eastern time, and you can view it live, online via this link.

"Flu Season Health Precautions": Teddy Wayne recently had this post at the "Opinionator" blog of The New York Times.Posted at 02:04 PM by Howard Bashman"Appeals court orders political committees to return Stanford donations": Loren Steffy has this article today in The Houston Chronicle.

"SCOTUS must be last bulwark against NSA snooping": Bill Binney and J. Kirk Wiebe have this essay at Politico.com.Posted at 01:44 PM by Howard Bashman"Don Franzen interviews Antonin Scalia -- Reading the Text: An Interview with Justice Antonin Scalia of the U.S. Supreme Court." The Los Angeles Review of Books posted online this interview earlier this month.Posted at 01:37 PM by Howard Bashman"A Supreme Court Case Over Textbooks Could Make Copyright Law Even More Restrictive": John Villasenor has this blog post online at Slate.Posted at 09:56 AM by Howard Bashman"Supreme Court makeup not a top campaign issue; The chance that Obama or Romney could tilt the court very far in one direction or the other is remote": Richard Wolf has this article today in USA Today.

"The record fully supports Judge Conrad's findings that Peoples' profane language in Judge Currie's courtroom constituted intentional misbehavior that obstructed the administration of justice." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in a ruling that you can access here.

"Federal court rules in favor of monks, sends casket case to Louisiana Supreme Court": The Times-Picayune of New Orleans has a news update that begins, "In a sometimes harshly worded ruling, a panel of federal appellate judges Tuesday evening smacked down the Louisiana funeral board's continued attempts to prevent the St. Joseph Abbey monks from selling their hand-crafted caskets."

"Pentagon: Alleged 9/11 mastermind dyed his beard with berry juice at Guantanamo." Carol Rosenberg of The Miami Herald has this news update.Posted at 12:16 PM by Howard Bashman"NY top court says lap dance isn't art, is taxable": The Associated Press has a report that begins, "A sharply divided court in New York says lap dances don't promote culture in a community the way ballet or other artistic endeavors do, and so shouldn't get a tax break."

"Did the Dark Money Group that Spurred a Landmark Ruling Mislead the IRS?" Kim Barker of ProPublica and Emma Schwartz of Frontline have this report.Posted at 08:07 AM by Howard Bashman"Sandra Day O'Connor courts S.F. audience": The San Francisco Chronicle contains this article today.

"Goodwin Liu has blended in easily on California's Supreme Court; Tarred by conservative Republicans as a liberal activist, the failed nominee for the federal bench has been anything but extreme during his first year on the state's highest court": Maura Dolan will have this article Tuesday in Los Angeles Times.Posted at 09:14 PM by Howard Bashman"California's Prop 34: Battle over fate of state's death penalty heating up." Howard Mintz of The San Jose Mercury News has this update.Posted at 07:21 PM by Howard Bashman"A Portrait of the Supreme Court in the Obama Era": In Tuesday's edition of The New York Times, Michiko Kakutani will have this review of Jeffrey Toobin's new book, "The Oath: The Obama White House and the Supreme Court."Posted at 06:07 PM by Howard Bashman"In the Supreme Court, a Fight Over Sanctions for Government Misconduct": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times."Posted at 05:10 PM by Howard Bashman"New Chairs for Five Judicial Conference Committees": Today, the Administrative Office of the U.S. Courts issued a news release that begins, "Chief Justice John Roberts Jr, has named five new Judicial Conference committee chairs and extended the terms of three current committee chairs, effective October 1, 2012."

Of particular note, Sixth Circuit Judge Jeffrey S. Sutton will move from being chair of the Advisory Committee on Appellate Rules to being chair of the Committee on Rules of Practice and Procedure, which oversees changes to all federal court rules of procedure.

"The American Debate: High court in absentia." In yesterday's edition of The Philadelphia Inquirer, columnist Dick Polman had an essay that begins, "The presidential candidates have debated each other for 180 minutes, yet neither has expended even a second on a crucial campaign issue that has a profound impact on our lives."

And online at The Atlantic, Andrew Cohen has an essay arguing that "the future of the judiciary is at stake" in this year's presidential election.Posted at 02:04 PM by Howard Bashman

"Dozens of states make it hard to get abortions": The Associated Press has this report.Posted at 01:57 PM by Howard Bashman"Pornography and Politics":This profile of Larry Flynt will appear in Sunday's edition of The New York Times.Posted at 01:50 PM by Howard Bashman"AG questions voting act's constitutionality": Today's edition of The San Antonia Express-News contains an article that begins, "Texas Attorney General Greg Abbott challenged the constitutionality of a key provision of the Voting Rights Act in an appeal filed with the U.S. Supreme Court late Friday."

"Marriage Law Likely Headed To Supreme Court":This audio segment featuring Nina Totenberg appeared on yesterday evening's broadcast of NPR's "All Things Considered."Posted at 01:42 PM by Howard Bashman"Supreme Court rules employees have right to privacy on work computers": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "Workplace computers contain so much personal information nowadays that employees have a legitimate expectation of privacy in using them, the Supreme Court of Canada said in a major ruling Friday."

"Threatened species listing for polar bears contested in U.S. court": Reuters has a report that begins, "Polar bears' designation as a threatened species was challenged in a U.S. appeals court on Friday, with a lawyer for Alaska and other parties arguing that regulators had failed to back up the listing."

"The Conscience of a Judicial Conservative: William Rehnquist was a Nixon appointee and a Republican, but above all he was a lawyer's lawyer with a clear-eyed appreciation of the duties of his position." In Saturday's edition of The Wall Street Journal, law professor Richard W. Garnett will have this review of the new book "The Partisan:The Life of William Rehnquist," by John A. Jenkins.

And earlier this month, Joan Biskupic of Reuters hosted a discussion with the book's author on the "After Words" program of C-SPAN2's BookTV., You can view the video by clicking here.Posted at 03:14 PM by Howard Bashman

"Retired Justice O'Connor to hear 2nd Circuit cases next week": Reuters has this report.Posted at 02:50 PM by Howard Bashman"Crunch time coming up for GOP's DOMA fight": Todd Ruger has this post today at "The BLT: The Blog of Legal Times."Posted at 02:01 PM by Howard Bashman"Posner on Amar's Unwritten Constitution: 'Extremely Strange.'" Orin Kerr had this post yesterday evening at "The Volokh Conspiracy."

"Guantanamo terrorism convictions proving vulnerable on appeal": Carol J. Williams of The Los Angeles Times has this blog post today.Posted at 08:51 AM by Howard Bashman"Democrats Use Health Law to Assail Republicans": Robert Pear has this article today in The New York Times.Posted at 08:30 AM by Howard Bashman"Pierce man gets a new trial over prosecution's PowerPoint misuse": Today's edition of The Tacoma News Tribune contains an article that begins, "The Washington State Supreme Court has overturned four felony convictions of a Pierce County man, saying a deputy prosecutor violated the defendant's right to a fair trial by superimposing the words, 'guilty, guilty, guilty,' over the man's photo during a PowerPoint presentation in closing arguments."

"Parsing Obama on Guantanamo": At Politico.com, Josh Gerstein has a blog post that begins, "What exactly did President Barack Obama mean when he suggested Thursday that Congress needs to do more to establish a 'legal architecture' to govern aspects of the war on terror?"

"Man sues over arrest for wearing 'Occupy' jacket in Supreme Court": Terry Baynes of Reuters has an article that begins, "A man who was arrested in the Supreme Court's museum corridor for wearing a jacket emblazoned with the slogan 'Occupy Everywhere' is suing the federal government over the incident."Posted at 11:20 PM by Howard Bashman"Wash. convictions reversed over PowerPoint show": The Associated Press has this report on a ruling that the Supreme Court of Washington State issued today. According to The AP report, "During closing arguments, the deputy Pierce County prosecutor presented a slide show with Glasmann's mug shot and the word 'guilty' superimposed in red letters three times across his face. The justices said unanimously Thursday that was improper, because there was no such image admitted as evidence."

"2nd Appeals Court Rules Against Federal Marriage Act": The New York Times has this news update.Posted at 03:26 PM by Howard Bashman"DOMA's classification of same-sex spouses was not substantially related to an important government interest. Accordingly, we hold that Section 3 of DOMA violates equal protection and is therefore unconstitutional." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today. DOMA, of course, is the acronym for the federal law titled the Defense of Marriage Act.

Second Circuit Chief Judge Dennis Jacobs wrote the majority opinion, in which Circuit Judge Christopher F. Droney joined. Senior Circuit Judge Chester J. Straub dissented on the central issue presented and would have held that "the legislative distinction drawn by DOMA satisfies rational basis review and is therefore constitutional."

"Invitation to Sue?" At Inside Higher Ed, Scott Jaschik has an article that begins, "A sharply divided federal appeals court on Wednesday refused to reconsider a March ruling that revived a lawsuit by a former graduate student against the University of Oregon. And the dissenting judges on the appeals court say that the refusal could endanger academic freedom and leave faculty members vulnerable to litigious graduate students."

"The Single Word That Could Make or Break Obamacare: There's a simple question that could determine the success of the health care mandate -- but no one's asking the candidates." Online at The Atlantic, law professor Naomi Schoenbaum has an essay that begins, "Obamacare has been one of the yardsticks of Obama's term in office and one of the touchstones of the 2012 election. Last night's presidential debate was no exception, with health care reform mentioned at least half a dozen times. But an important piece of the discussion has been missing: is the health care law a tax or a penalty?"Posted at 11:11 PM by Howard Bashman"Reaping the Whirlwind": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "On reading the transcript and listening to the audio of last week's Supreme Court argument in the University of Texas affirmative action case, my primary reaction was one of embarrassment -- for the court and also for Texas."Posted at 11:05 PM by Howard Bashman"Accused 9/11 architect wears hunting vest to Guantanamo court": Carol Rosenberg of The Miami Herald has a news update that begins, "The accused architect of the 9/11 attacks was allowed to wear a camouflaged vest to the war court Wednesday then, cloaked in the costume of a fellow combatant, lectured his Army judge on national security."

"Supreme Court views not 'liberal or conservative'": The Associated Press has a report that begins, "The U.S. Supreme Court's top justice says people shouldn't think the high court makes decisions in terms of a liberal or conservative agenda."Posted at 06:14 PM by Howard Bashman"Appeals Court Backs School in Missouri Student-Speech Case": At the School Law" blog of Education Week, Mark Walsh has a post that begins, "A student web site containing racist and sexist content caused disruption at a Missouri high school and was likely not protected speech under the First Amendment, a federal appeals court has ruled."

"Many strict election laws blocked or delayed": Curt Anderson of The Associated Press has this report.Posted at 04:05 PM by Howard Bashman"Court weighs challenge to soot standards implementation": Lawrence Hurley of Greenwire has an article that begins, "Federal appeals court judges appeared skeptical today about U.S. EPA's argument that it is required under the Clean Air Act to use a less stringent implementation regime for fine particulates than it is for more coarse -- and less dangerous -- particles."Posted at 03:57 PM by Howard Bashman"Ecuador court deals Chevron fresh blow in pollution case": Reuters has this report.Posted at 03:54 PM by Howard BashmanAccess live video online of today's event in Rice University's Centennial Lecture Series: "A Conversation With the Chief Justice." Details are available at this link. And you can access the live video via this link.

The conversation with Chief Justice John G. Roberts, Jr. is scheduled to begin at 4 p.m. eastern time.Posted at 03:47 PM by Howard Bashman

"Opponents make a mockery of courts: Vander Plaats group ignores 200 years of tradition." Today's edition of The Des Moines Register contains an editorial that begins, "Leaders of the campaign to unseat Iowa Supreme Court Justice David Wiggins have shifted their emphasis to a new argument: The 2009 decision striking down the state's marriage law was not only wrong but the court also went too far in ordering the state to issue marriage licenses to same-sex couples."Posted at 01:20 PM by Howard Bashman"Politics and the Courts": Today's edition of The New York Times contains an editorial that begins, "The winner of the presidential election will have scores of federal judgeships to fill and the chance to shape the courts -- even aside from potential Supreme Court vacancies should one or more of the current justices retire."Posted at 11:34 AM by Howard Bashman"Time, Pen and Paper, and Now the Ear of the Supreme Court": Adam Liptak has this new installment of his "Sidebar" column in today's edition of The New York Times.Posted at 11:30 AM by Howard Bashman"Court leaves in place Montana caps on campaign contributions": Reuters has a report that begins, "A federal appeals court on Tuesday ordered that a Montana law limiting campaign contributions to candidates for state office remain in effect at least through the general election in November."

"GOP DOMA defense closes in on $1.5 million": Carolyn Lochhead has this blog post online at The San Francisco Chronicle.Posted at 08:40 AM by Howard Bashman"Medical Marijuana Backers Ask Judges for Less Regulation": Tom Schoenberg of Bloomberg News has this report.

"Supreme Court Justice Elena Kagan to speak Friday at UT; Will speak as first Rose lecturer":This article appears today in The Knoxville News Sentinel.Posted at 08:30 AM by Howard Bashman"Will Privacy Go to the Dogs?" In today's edition of The New York Times, law professor Jeffrey A. Meyer has an op-ed that begins, "This Halloween, the United States Supreme Court will devote its day to dogs."Posted at 08:27 AM by Howard Bashman"State Supreme Court to hear Shale law challenge today": The Pittsburgh Post-Gazette has this news update.Posted at 08:26 AM by Howard Bashman"Justice, Philadelphia style: Scalia gets two parking tickets."This article appears today in The Philadelphia Inquirer.

"Louisiana Supreme Court dismisses role of politics, race in ruling on chief judge": John Simerman of The Times-Picayune of New Orleans has a news update that begins, "Louisiana Supreme Court Justice Bernette Johnson is legally entitled to be the court's next leader, the court ruled Tuesday in a unanimous decision, ending several months of legal and political rancor. Johnson is now set to become the state's first black chief justice."

"Kavanaugh Defies 'Partisan Shock Trooper' Label": Brent Kendall and Peter Landers have this post at WSJ.com's "Law Blog."Posted at 03:10 PM by Howard Bashman"Ideological balance on bench at stake as election approaches": Lawrence Hurley of Greenwire has this report.Posted at 03:06 PM by Howard Bashman"High court won't block early voting in Ohio": The Associated Press has this report.

The second-to-last paragraph of today's ruling offers the following summary of the outcome:

We conclude that the Phelps-Ropers have not shown in their facial challenge to Manchester's amended ordinance that the city has imposed unconstitutional limits on the time, place, and manner of their picketing. Manchester only limits picketing and other protest activities within 300 feet of a funeral or burial service while it is occurring and for one hour before and after, and it survives First Amendment scrutiny because it serves a significant government interest, it is narrowly tailored, and it leaves open ample alternative channels for communication.

"Supreme Court justice's car ticketed by Philly's Parking Authority": At the "Constitution Daily" blog of the National Constitution Center, Scott Bomboy has a post that begins, "The Supreme Court is the highest court in the land, but no justice, even Antonin Scalia, is apparently safe on the streets of Philadelphia when it comes to its Parking Authority."

"Newest Minn. Supreme Court justice set to take oath in historic addition to state's high court": The Associated Press has this report.Posted at 08:47 AM by Howard Bashman"Court hears case on affirmative action": The Daily Tar Heel contains this article today.

"U.S. Supreme Court Justice Kagan to visit UT":This article appears today in The Daily Beacon, the student newspaper of the University of Tennessee.Posted at 08:32 AM by Howard Bashman"Court to hear arguments in Calif. clean fuels case": The Associated Press has a report that begins, "A federal appeals court will hear arguments in a case seeking to stop California's first-in-the-nation mandate requiring petroleum refiners and ethanol producers to make cleaner fuels for millions of cars and trucks in the state."Posted at 08:24 AM by Howard Bashman

Monday, October 15, 2012

"Supreme Court balance hangs on election": Bob Egelko has this article today in The San Francisco Chronicle.Posted at 10:34 PM by Howard Bashman"No heat-sensing searches for pot operations, court says": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The Georgia Supreme Court ruled Monday that state law enforcement cannot obtain search warrants to use thermal-imaging scans to detect indoor marijuana-growing operations. Georgia law allows for police to search for 'tangible evidence,' and heat patterns inside a home or garage do not fit that definition, the court said in a unanimous opinion."

"Retired U.S. justice prods Congress, candidates on gun control": David Ingram of Reuters has this report.Posted at 09:35 PM by Howard Bashman"Arlen Specter and the Supreme Court": Jeffrey Toobin has this blog post online at The New Yorker.Posted at 09:32 PM by Howard Bashman"Free Speech, Yellow Pages & Ryan Seacrest": At her "Trial Insider" blog, Pamela A. MacLean has a post that begins, "The 9th Circuit issued two First Amendment rulings Monday, holding in one that the Yellow Pages are fully protected by free speech rights, while billboards containing commercial messages are not."

"Is the new economy driving the Court's docket?" Ronald Mann has this post today at "SCOTUSblog."Posted at 04:42 PM by Howard Bashman"Sept. 11 Defendants Cooperate With Judge as Case Resumes": Charlie Savage of The New York Times has this news update.

"'The Oath' by Jeffrey Toobin and 'America's Unwritten Constitution' by Akhil Reed Amar": This weekend in The Boston Globe, Mickey Edwards had a book review that begins, "When Ronald Reagan nominated federal Judge Robert Bork to fill a vacancy on the Supreme Court in 1987, my first reaction was generally positive: I was a Republican congressman, had a good relationship with Reagan (having been director of policy task forces for his 1980 presidential campaign), and was inclined to accept the president's choice."Posted at 08:00 AM by Howard Bashman"9/11 hearings to focus on secrecy, transparency; When pretrial hearings resume for those accused of planning the 9/11 attacks, a key issue is whether there will be any public testimony about their time in secret CIA detention": Carol Rosenberg of The Miami Herald has this report.

"Rethinking Affirmative Action": In the Sunday Review section of today's edition of The New York Times, David Leonhardt has this "Capital Ideas" essay.Posted at 07:51 PM by Howard Bashman"The judicial jihad against the regulatory state": Business columnist Steven Pearlstein of The Washington Post has this essay today in that newspaper.Posted at 03:34 PM by Howard Bashman"Arlen Specter, 82, Dies; Former Senator From Pennsylvania": The New York Times has posted online an obituary that begins, "Arlen Specter, the irascible senator from Pennsylvania who was at the center of many of the Senate's most divisive legal battles -- from the Supreme Court nominations of Robert H. Bork and Clarence Thomas to the impeachment of President Bill Clinton -- only to lose his seat in 2010 after quitting the Republican Party to become a Democrat, died Sunday morning at his home in Philadelphia. He was 82."Posted at 02:50 PM by Howard Bashman"Juvenile Killers and Life Terms: a Case in Point." Ethan Bronner has this front page article today in The New York Times.Posted at 08:40 AM by Howard Bashman"Under the U.S. Supreme Court: Will voter ID fight determine the election?" Michael Kirkland of UPI has this report.Posted at 08:39 AM by Howard Bashman

Saturday, October 13, 2012

"Boy conceived after father's death not entitled to Social Security, court rules": Emiley Morgan had this article today in The Deseret News.

"NJ asks Supreme Court to hear gift card case": The Associated Press has a report that begins, "New Jersey has petitioned the U.S. Supreme Court to hear a case that could help the government claim at least $15 million a year in unspent gift card revenue from retailers to help balance the state budget."Posted at 01:55 PM by Howard Bashman"Judge sets trial date for suspended Pa. SC Justice Orie Melvin": Legal Newsline has a report that begins, "A Pennsylvania judge has set a trial start date in the case of suspended state Supreme Court Justice Joan Orie Melvin."Posted at 01:54 PM by Howard Bashman"N.J. appeals court upholds dismissal of ex-girlfriend's lawsuit against Nets CEO": Today's edition of The Record of Bergen County, New Jersey contains an article that begins, "A Bergen County judge was right in dismissing a lawsuit by an Upper Saddle River woman who claimed that Nets CEO Brett Yormark deceived her into having an abortion, a state appeals court ruled Friday."

"Supreme Court notebook: Justices as campaign issue." Mark Sherman of The Associated Press has an article that begins, "A closely divided Supreme Court. Four justices in their 70s. Presidential candidates with dramatically different views of the ideal high court nominee."Posted at 09:40 AM by Howard Bashman

"Brewer appoints Republican to state Supreme Court": The Arizona Republic has a news update that begins, "Gov. Jan Brewer has appointed Court of Appeals Judge Ann Scott Timmer to the Arizona Supreme Court. Timmer, 52 and a Republican, will fill the seat left vacant when Justice Andrew Hurwitz was appointed to the 9th U.S. Circuit Court of Appeals earlier this year."

"Supreme Court to Rule on Patents for Self-Replicating Products": David Kravets has this post today at Wired.com's "Threat Level" blog.Posted at 09:35 PM by Howard Bashman"Justice Ginsburg Throws Party While 120-Year-Old Parents Away For Weekend": The Onion has this report.Posted at 05:56 PM by Howard Bashman"Supreme Court showdown on affirmative action": Josh Gerstein of Politico.com has this report.Posted at 05:52 PM by Howard Bashman"Stored Communications Act Doesn't Reach Opened Webmails": At the "E-Commerce & Tech Law Blog" of Bloomberg BNA, Thomas O'Toole has a post that begins, "The South Carolina Supreme Court held today that opened email messages on a web-based email service provider are not protected by the federal Stored Communications Act."

"Argument recap: Will Grutter be reshaped?" Lyle Denniston has this post at "SCOTUSblog."Posted at 01:03 PM by Howard Bashman"High court questions Texas affirmative action plan": The Associated Press has this report.

"Appeals court reinstates campaign finance limits": The Associated Press has a report that begins, "The 9th U.S. Circuit Court of Appeals reinstated Montana's campaign donation limits, telling the federal judge who overturned it to outline his full reasoning so the panel can review the case."

"The Hidden Stakes of the Election": Today at the blog of The New York Review of Books, law professor Cass R. Sunstein has a post that begins, "It is not exactly news that there are big differences between judges chosen by Republican presidents and judges chosen by Democratic presidents. Of course the most visible differences involve constitutional law."Posted at 11:15 PM by Howard Bashman"Eyes on Justice Kennedy in Affirmative-Action Case": Jess Bravin will have this article Wednesday in The Wall Street Journal.Posted at 11:11 PM by Howard Bashman"Feds seek full court review of cigarette warnings": The Associated Press has this report.

"Supreme Court to take up UT admission case":This article will appear Monday in The Houston Chronicle.Posted at 11:07 PM by Howard Bashman"Supreme Court receives outpouring of conflicting views on affirmative action": Robert Barnes will have this article Monday in The Washington Post.Posted at 08:57 PM by Howard Bashman"Supreme Court candidates with similar passions stress their differences; Longtime attorney Sheryl Gordon McCloud and former Justice Richard Sanders are battling for an open seat on the state Supreme Court; McCloud says she has the right judicial temperament for the job, while Sanders says he has more experience": Friday's edition of The Seattle Times contained this article.Posted at 03:32 PM by Howard Bashman"Georgia high court may weigh in on 'Girls Gone Wild' case":This article appeared Thursday in The Atlanta Journal-Constitution.

"Canada's newest Supreme Court judge pitches his street smarts": In today's edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, "The country's newest Supreme Court of Canada judge, Mr. Justice Richard Wagner, turned inexperience into a virtue on Thursday, telling a parliamentary committee that he will bring to the top court a practising lawyer's sense of street savvy."Posted at 08:54 PM by Howard Bashman"US court mulls Arabic flashcards, Pa. airport stop": The Associated Press has a report that begins, "A college student handcuffed at Philadelphia International Airport for several hours over Arabic language flashcards asked a U.S. appeals court Friday to let him pursue his lawsuit against five federal agents."Posted at 07:50 PM by Howard Bashman"Supreme Court Justice's Son Bids For California Statehouse Seat": BuzzFeed Politics has a report that begins, "The son of Supreme Court Justice Stephen Breyer, a leader of the court's liberal wing, is in a tough race for California State Assembly in San Francisco."

"Florida Supreme Court judges fight for their jobs": Reuters has a report that begins, "Facing unprecedented political opposition, three Florida Supreme Court justices are fighting back against Republicans and conservative activists seeking to change the balance in the state's highest court by getting voters to fire them."Posted at 07:22 PM by Howard Bashman"Analysis: Republicans lead Obama in war for judicial dominance." Joan Biskupic of Reuters has this report.Posted at 02:33 PM by Howard Bashman"Court grants 7 new cases": Lyle Denniston has this post at "SCOTUSblog."

"North Bergen shock jock released from prison": NorthJersey.com has a news update that begins, "Harold 'Hal' Turner, the incendiary Internet radio shock jock and former national security confidential source for the FBI, walked out of a halfway house in Newark this morning after serving nearly three years in prison for threatening federal judges."Posted at 12:22 PM by Howard Bashman"Symposium Revisits Landmark Student-Speech Cases": Mark Walsh of Education Week has this report (pass-through link).Posted at 12:07 PM by Howard Bashman"Scalia says abortion, gay rights are easy cases": Mark Sherman of The Associated Press has this report.Posted at 12:03 PM by Howard Bashman"The New Price of American Politics":This lengthy profile of attorney James Bopp Jr. appears in the October 2012 issue of The Atlantic magazine.

"Montana Judge, Author of Racist Email About Obama, to Take Senior Status": Matthew Huisman has this post at "The BLT: The Blog of Legal Times."Posted at 05:04 PM by Howard Bashman"Lawsuit over Thomas Jefferson's wine too late, U.S. court finds": Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.Posted at 03:37 PM by Howard Bashman"Author describes new book that goes behind the scenes of the Supreme Court": Del Quentin Wilber has this blog post online at The Washington Post. Among the questions that author Jeffrey Toobin addresses in the interview is "Roberts vs. Obama in a cage-fighting match. Who wins?"Posted at 11:57 AM by Howard BashmanEighth Circuit upholds dismissal of challenge to Affordable Care Act's individual mandate provision for lack of standing: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit, in a lawsuit brought by a group of plaintiffs including the Lieutenant Governor of Missouri (in his personal capacity), at this link.Posted at 11:25 AM by Howard Bashman"Circuit Split Watch: Earning a Return on Seized Money." Michelle Olsen has this post today at her "Appellate Daily" blog.Posted at 10:56 AM by Howard Bashman"Book Case: Understanding Justice William Rehnquist." Joseph Schuman of Reuters has an essay that begins, "The William Rehnquist of John Jenkins's new biography is the same rigid, reactionary and arguably racist jurist hated by liberals and loved by conservatives during his three decades on the Supreme Court and 19 years leading it. But Jenkins's 'The Partisan: The Life of William Rehnquist' breaks new ground by unearthing the roots of Rehnquist's judicial dogma."Posted at 09:10 AM by Howard Bashman"Supreme Court asks for review of LU's challenge to healthcare act":This article appears in today's edition of The News & Advance of Lynchburg, Virginia.Posted at 07:56 AM by Howard Bashman"Your right to resell your own stuff is in peril; It could become illegal to resell your iPhone 4, car or family antiques": At MarketWatch, Jennifer Waters has an essay that begins, "Tucked into the U.S. Supreme Court's busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother's antique furniture to your iPhone 4."Posted at 07:54 AM by Howard Bashman"The Federal Circuit, Not the Supreme Court, Legalized Software Patents": Timothy B. Lee has this blog post at Forbes.com.Posted at 07:52 AM by Howard Bashman"Visit from Supreme Court official results in gift of WWII memento for Pittsburg veteran, fly fishing expert": Today's edition of The Contra Costa Times contains an article that begins, "Most attorneys dream of one day making an impression on the nation's highest court. Clark Strickland, a World War II veteran and fly-fishing expert, has done that without cracking open a law book. It all started when Jeffrey Minear, counselor to Chief Justice John Roberts, came in to the San Francisco Orvis fly-fishing store where Strickland works."Posted at 07:51 AM by Howard Bashman

Wednesday, October 3, 2012

"Justices Press Lawyers for Broad Solutions": Adam Liptak will have this article Thursday in The New York Times.Posted at 11:22 PM by Howard Bashman"Study: Race-neutral admissions can work." The Associated Press has a report that begins, "As the Supreme Court revisits the use of race in college admissions next week, critics of affirmative action are hopeful the justices will roll back the practice. A new report out Wednesday offers a big reason for their optimism: evidence from at least some of the nine states that don't use affirmative action that leading public universities can bring meaningful diversity to their campuses through race-neutral means."

"Are class action lawyers in Arkansas snubbing SCOTUS (and CAFA)?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report that begins, "Over the summer, the justices of the U.S. Supreme Court made one of the most improbable grants of certiorari you will ever see."Posted at 08:35 PM by Howard Bashman"Sept. 11 defense lawyers seek delay, blame rats; Lawyers for the alleged 9/11 mastermind said Wednesday that their offices at Guantanamo are a health hazard and that a proposed prosecution alternative is too cramped": Carol Rosenberg of The Miami Herald has this news update.Posted at 08:32 PM by Howard Bashman"Supreme Court weighs federally created floods": Jonathan Stempel of Reuters has this report.

"2nd Circuit drops hint: Morrison may limit reach of criminal laws." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report.Posted at 03:57 PM by Howard Bashman"Bigger bucks come to Supreme Court clerks who wait": Reynolds Holding and Richard Beales have an essay online at Reuters Breakingviews that begins, "Bigger bucks come to Supreme Court clerks who wait. Top U.S. law firms are offering $280,000 signing bonuses to lure the young attorneys who work with America's nine top judges. But many do stints with the government first. A new Breakingviews calculator shows how that path can be financially smarter over the long run."Posted at 02:44 PM by Howard Bashman"Vitro to Ask U.S. Court to Enforce Mexican Reorganization": Bloomberg News has this report previewing a case scheduled for oral argument today in the U.S. Court of Appeals for the Fifth Circuit.Posted at 10:42 AM by Howard Bashman"Argument preview: What does a court's silence mean?" Lyle Denniston has this post at "SCOTUSblog."Posted at 09:03 AM by Howard Bashman"Analysis: How opponents held back the U.S. voter ID tide." Andrew Longstreth of Reuters has this report.Posted at 09:02 AM by Howard Bashman"Statesman's heirs wrest historic papers from NC": The Associated Press has a report that begins, "Descendants of one of the first U.S. Supreme Court justices won a legal fight Tuesday against the state of North Carolina over ownership of their ancestor's historic papers, which could be worth millions."

"Fla. justices question law license for immigrant": The Associated Press has a report that begins, "Most of the Florida Supreme Court justices appear skeptical of granting a law license to an illegal immigrant."

"Superior Court to Begin Posting Unpublished Memorandums": In today's edition of Pennsylvania Law Weekly, Zack Needles has an article that begins, "The state Superior Court will begin posting all unpublished memorandum decisions on its website in the 'very near future,' according to President Judge Correale F. Stevens."

"Supreme Court meets under a shadow": Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.Posted at 08:55 AM by Howard Bashman"As Scalia Falters, Will Alito Fill the Void on the Right? Uncle Nino's 'originalism' looks back, because the past is good; young Sam Alito looks forward, out of fear the future will be bad." Law professor Garrett Epps has this essay online at The Atlantic.Posted at 08:54 AM by Howard Bashman"Florida justices hearing immigrant lawyer case": The Associated Press has a report that begins, "The Florida Supreme Court is hearing oral arguments about whether an illegal immigrant can be granted a law license. The case will be heard Tuesday."

"Supreme Court weighs whether Lozman's houseboat in Riviera Beach was a vessel": The Palm Beach Post has this news update.Posted at 09:18 PM by Howard Bashman"Justices Begin Term by Hearing Case Again": Adam Liptak will have this article Tuesday in The New York Times.

"Supreme Court to decide if town's destruction of floating home was all wet": Michael Doyle of McClatchy Newspapers has this report.Posted at 08:00 PM by Howard Bashman"Stop Pagination Now: Why websites should not make you click and click and click for the full story." Farhad Manjoo has this essay online at Slate.Posted at 07:28 PM by Howard Bashman"Argument recap: If it floats, so what?" Lyle Denniston has this blog post at "SCOTUSblog."

"Court: Child porn victims can get restitution." The Associated Press has a report that begins, "Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday. The decision conflicts with rulings by several other federal circuits, possibly setting the stage for a Supreme Court challenge."

"Health Care Case Is Seen as Helping Law but Hurting Court": Adam Liptak will have this new installment of his "Sidebar" column Tuesday in The New York Times.Posted at 01:54 PM by Howard BashmanEighth Circuit opinion issued today contains helpful chart listing details of "Eighth Circuit cases on the constitutionality of punitive damages after BMW of North America, Inc. v. Gore": You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. In the decision, the Eighth Circuit also holds that a religious organization's acts of beating and threatening of people are not protected by the First Amendment.Posted at 11:20 AM by Howard Bashman"Human rights in focus at U.S. Supreme Court": Jonathan Stempel of Reuters has this report.Posted at 09:44 AM by Howard BashmanAccess online today's Order List of the U.S. Supreme Court: The Court has posted today's 88-page Order List at this link. The Court did not grant review in any new cases, but the Court did request the views of the Solicitor General in three cases.